State v. Tanner

This case presents a question of first impression under Article I, section 9, of the Oregon Constitution: Does a thief have “standing,” that is, a constitutionally protected interest, in stolen property kept in the premises of a third party so that the thief may object to a search of those premises? The answer is, No!

Defendant was charged with theft from his employer, Tower Records. The state appeals a trial court’s pretrial order suppressing evidence. ORS 138.060(3). The issue is whether the use of the evidence at trial would violate defendant’s rights under Article I, section 9, of the…